This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

Why Historical Insurance Policies May Be Accessible

Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.

The gasoline, diesel, motor oil, and benzene contamination at this site originated from operations conducted before 1970 — at least sixteen years before occurrence-based Commercial General Liability policies began incorporating effective pollution exclusions. The documented practice of draining waste oil directly into stormdrains is precisely the kind of slow, continuous release that pre-1986 CGL policies were designed to cover. The cleanup costs the property now faces — excavation and disposal of 800 cubic yards of impacted soil, plus any required post-remediation oversight — represent expenditures that historical carriers may be obligated to fund.

Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.